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The weekend marriage of Michael Schiavo and his longtime paramour and concubine Jodi Centonze in a Catholic church has caused serious rumblings within the church.
 Dr. Edward Peters, an American lay canon lawyer, has addressed some of the issues in an article entitled "Canonical Issues In A Schiavo-Centonze Marriage" published at his website, "In Light of the Law, a canon lawyer's blog on current issues.
http://www.canonlaw.info/
Canon law is the oldest continuously functioning legal system in the western world and is the internal legal system of the Catholic Church.
In his article, Dr. Peters has linked to The North Country Gazette's article published Monday, Jan. 23 entitled "Schiavo, Centonze Wed in Catholic Church".
Schiavo, Centonze Wed In Catholic Church
Dr. Peters teachers, writes, speaks and consults on a wide variety of canonical issues impacting the Church in the United State and around the world. He holds the Edmund Cdl. Szoka Chair at Sacred Heart Major Seminary in Detroit, MI.
"Some folks have wondered whether the strict canonical standards that apply to incurring a canonical penalty apply to incurring a matrimonial impediment as well", Dr. Peters write. "The answer is no. While ignorance of a penalty means, for most practical purposes, that one does not incur it (1983 CIC 1323, 2° and 1324 § 1, 9°), ignorance of an impediment does not excuse one from incurring it (1983 CIC 15 § 1). If Michael Schiavo has incurred the impediment of crimen in regard to his attempted marriage with Jodi Centonze, that impediment applies regardless of whether he is aware of it or agrees with it.
Dr. Peters writes:
1. Michael Schiavo, while married to Terri Schindler-Schiavo, cohabited for several years with Jodi Centonze, a woman he described several times as his "fiancee".
2. Michael Schiavo, through the instrumentality of the civil courts and various medical personnel, instigated the starvation-dehydration death of his then-incapacitated spouse Terri in March 2005.
3. One who, desirous of marrying a specific third party, is the mandans behind a current spouse's death, incurs a canonical impediment known as crimen (1983 CIC 1090 § 1).
4. The impediment of crimen can only be dispensed by the Apostolic See (1983 CIC 1078 § 2, 2°).
5. According to press reports, Michael Schiavo just married, in a Catholic ceremony, Jodi Centonze.
6. Nothing suggests that the conditions were present by which a "reserved" dispensation could, if needed in this case, have been granted by lower level ecclesiastical authorities (1983 CIC 1079-1080).
7. The diocesan officer known as the Promoter of Justice is generally "bound by office to provide for the public good" (1983 CIC 1430) and is specifically authorized to challenge the putative validity of any marriage where "the nullity has already become public" (1983 CIC 1674, 2°).
Dr. Peters' article continues:
"In light of the above, I believe the following questions warrant careful investigation:
A) was a Schiavo-Centonze wedding attempted under color of Catholic canon law; if so,
B) did the pastor of the place or his delegate first verify that "nothing stands in the way of a valid and licit [wedding] celebration" (1983 CIC 1066); specifically,
C) was the impediment of crimen incurred by Michael Schiavo; and, if so,
D) was a dispensation from the impediment sought and duly granted?
Resources: Edward Peters, "Neither Shalt Thou Kill Thy Spouse: A Canonical Aspect of the Terri Schiavo Case" originally appeared in This Rock, January 2004. For an overview of how Promoter of Justice actions under 1983 CIC 1674 would work, see Question 40 in his book, Annulments and the Catholic Church.
A day after they obtained a marriage license from the clerk of the circuit court of Pinellas County, Michael Schiavo and Jodi Centonze were wed Saturday, Jan. 21 in the Espiritu Santo Catholic Church in Safety Harbor in a private ceremony apparently known only to family, friends and the St. Petersburg Times.
http://www.espiritusanto.cc/es/cms/core/Home
The church is located about 15 miles northwest of Tampa.
The Rev. Robert J. Schneider is pastor of the church but it is unknown who officiated at the ceremony.
The church is part of the Diocese of St. Petersburg of which the Most Robert N. Lynch is bishop. Although Lynch was Terri's bishop, he stood by silent while she was forcibly starved to death----after she struggled to declare that she wanted to live. Bishop Lynch issued a statement directly at odds with church teaching that food and water is basic sustenance and cannot be withheld by private choice.
Just days before Terri died last March 31, Lynch left the country. However, he left a statement posted on the Diocese website before Easter in which he didn't seem particularly concerned about the death decree issued and that it was against the official position of the Vatican and the Pope. 1-24-06
© 2005 North
Country Gazette
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